Consent--Recording conversations?
My husband has been recording his boss talking about how he likes 12 year old girls, and saying racist remarks (sick guy, I know). He is wearing a recorder/mp3 player around his neck. According to this site I found it says that in my state, no consent is required to tape somebody as long as there is not a reasonable expectation of privacy. Is there a 'reasonable expectation of privacy' at work? Is it different in say a locker room than a break room?
Here is the revised code:
http://codes.ohio.gov/orc/2933.52...
thx in advance
Answers:
Casual conversations are not meant to entrap anyone. Locker room or break room banter that is recorded, will stand up in court because as the ORC states, there is no expectation of privacy. Besides, people are recorded all the time without their consent. Your husband needs to turn that recording in to the police before this guy decides to act on his urge to be with a 12-year-old.
Under that statute, b4 seems to apply. Your husband was party to the conversation and was not intercepting or recording for the purpose of blackmailing his boss or any other type of illegal purpose.
This is not the law that establishes reasonable expectation of privacy, however. Without reading the exact wording and not knowing the precedents in Ohio, I've no idea if it would be admissable in court.
However, nothing you mentioned that the boss said is illegal. Liking young girls violates no law; acting on it does. Racist remarks are not illegal; racially discriminatory behavior may be.
Why is your husband recording him anyway?
There is no expectation of privacy at work, unless it's a PRIVATE dressing room or bathroom. If it's a common locker room where other people are allowed to be present, then there's no expectation of privacy.
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